Fisher v. No Defendants Named

Full title: AARON FISHER, Plaintiff, v. [NO DEFENDANTS NAMED], Defendants.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Dec 22, 2014

Civil Action No. 14-cv-03062-GPG (D. Colo. Dec. 22, 2014)

Opinion

Civil Action No. 14-cv-03062-GPG

12-22-2014

AARON FISHER, Plaintiff, v. [NO DEFENDANTS NAMED], Defendants.

LEWIS T. BABCOCK, Senior Judge United States District Court

ORDER OF DISMISSAL

Plaintiff, Aaron Fisher, is an inmate at the Denver County Jail in Denver, Colorado. Mr. Fisher submitted to the Court pro se a document titled "Notice of Intent" (ECF No. 1) stating he intends to file a lawsuit in federal court. This civil action was commenced and, on November 15, 2014, Magistrate Judge Gordon P. Gallagher entered an order directing Mr. Fisher to cure certain deficiencies if he wished to pursue any claims. Specifically, Magistrate Judge Gallagher directed Mr. Fisher to file on the proper form a Prisoner Complaint and either to pay filing and administrative fees totaling $400.00 or to file a properly supported Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. Mr. Fisher was warned that the action would be dismissed without further notice if he failed to cure the deficiencies within thirty days.

Mr. Fisher has failed to cure the deficiencies within the time allowed and he has ailed to respond in any way to Magistrate Judge Gallagher's November 15 order. Therefore, the action will be dismissed without prejudice for failure to cure the deficiencies.

Furthermore, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status will be denied for the purpose of appeal. See Coppedge v. United States, 369 U.S. 438 (1962). If Plaintiff files a notice of appeal he also must pay the full $505 appellate filing fee or file a motion to proceed in forma pauperis in the United States Court of Appeals for the Tenth Circuit within thirty days in accordance with Fed. R. App. P. 24. Accordingly, it is

ORDERED that the action is dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure because Mr. Fisher failed to cure the deficiencies as directed. It is

FURTHER ORDERED that leave to proceed in forma pauperis on appeal is denied without prejudice to the filing of a motion seeking leave to proceed in forma pauperis on appeal in the United States Court of Appeals for the Tenth Circuit.

DATED at Denver, Colorado, this 22^nd day of December, 2014.

BY THE COURT:

s/Lewis T. Babcock

LEWIS T. BABCOCK, Senior Judge

United States District Court